Judge denies motion to dismiss Clark case

Former Village of Ortonville Clerk/Treasurer Mary Clark is facing trial after a motion to dismiss charges of willful neglect by a public officer was denied by 52-2 District Court Judge Joe Fabrizio on April 13.
‘We are disappointed,? said Attorney Josh West, who is representing Clark. ‘At this point, nothing is resolved and I expect to go to trial.?
He declined to comment on whether a plea bargain was a possibility.
Clark, 55, was arraigned on the willful neglect of duty charge, as well as an alternative count of willful neglect of duty by a public officer, on Dec. 22 in 52-2 District Court and released on a $1,000 personal bond.
Clark served as the Ortonville clerk/treasurer from 2003 until she resigned in November 2007 amidst an investigation into her accounting practices. An audit by Lewis & Knopf confirmed inadequacies and Village Council President Ken Quisenberry said at the time that checks made out to the village had not been cashed and were placed in a filing cabinet. The checks were eventually cashed, but some had been around for a period of time.
No criminal investigation was planned at the time of her resignation, but on June 13, Quisenberry contacted the Oakland County Sheriff’s Office and filed a complaint of suspected embezzlement by Clark after two village residents who paid their taxes in cash to the former treasurer received a late notice from the county.
According to police reports, the taxpayers had receipts showing they had paid their bills on time, in July and September of 2007, respectively. Clark had collected a total of $1,387.52 from the two residents, but never recorded the transactions. She had no explanation for the missing funds.

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